Hall of the House of Representatives
91st General Assembly - Regular Session, 2017
Amendment Form
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Subtitle of Senate Joint Resolution No. 8
A CONSTITUTIONAL AMENDMENT LIMITING CONTINGENCY FEES AND AWARDS OF PUNITIVE
AND NON-ECONOMIC DAMAGES; AND CHANGING THE POWERS OF THE GENERAL ASSEMBLY
AND THE SUPREME COURT REGARDING RULES OF PLEADING, PRACTICE, AND PROCEDURE.
______________________________________________________________________
Amendment No. 1 to Senate Joint Resolution No. 8
Amend Senate Joint Resolution No. 8 as originally introduced:
Delete the title in its entirety and substitute the following:
"PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO LIMIT ATTORNEYS'
CONTINGENCY FEES IN CIVIL ACTIONS TO THIRTY-THREE AND ONE-THIRD PERCENT (33
1/3 %) OF THE NET RECOVERY; TO LIMIT AWARDS OF PUNITIVE DAMAGES AND NONECONOMIC DAMAGES IN CIVIL ACTIONS; TO REQUIRE ADJUSTMENTS TO THE LIMITATIONS
ON PUNITIVE AND NON-ECONOMIC DAMAGE AWARDS FOR INFLATION OR DEFLATION; AND TO
PROVIDE THAT THE GENERAL ASSEMBLY MAY, BY A THREE-FIFTHS VOTE OF EACH HOUSE,
AMEND OR REPEAL A RULE OF PLEADING, PRACTICE, OR PROCEDURE PRESCRIBED BY THE
SUPREME COURT AND ADOPT A RULE OF PLEADING, PRACTICE, OR PROCEDURE."
AND
Page 3, delete line 7, and substitute the following:
"life or companionship, or visible result of injury; and"
AND
Page 3, line 24, delete "Two hundred fifty thousand dollars ($250,000)" and
substitute "Five hundred thousand dollars ($500,000)"
AND
Page 4, line 7, delete "Two hundred fifty thousand dollars ($250,000)" and
substitute "Five hundred thousand dollars ($500,000)"
AND
Page 5, delete lines 1 through 14, and substitute the following:
"(a) The Supreme Court shall prescribe the rules of pleading,
practice, and procedure for all courts, subject to subsections (b)-(e) of
this section; provided these rules shall not abridge, enlarge or modify any
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substantive right and shall preserve the right of trial by jury as declared
in this Constitution.
(b)(1) By a three-fifths vote of each house, the General Assembly may
enact laws:
(A) Amending or repealing a rule of pleading, practice, or
procedure prescribed by the Supreme Court; and
(B) Adopting on its own initiative a rule of pleading,
practice, or procedure."
AND
Page 6, delete lines 22 and 23, and substitute the following:
"injury, property damage, or wrongful death to the greater of (i) five
hundred thousand dollars ($500,000), or (ii) three (3) times the amount of"
AND
Page 6, line 33, delete "two hundred fifty thousand dollars ($250,000)" and
substitute "five hundred thousand dollars ($500,000)"
AND
Page 7, delete lines 2 and 3, and substitute the following:
"distress, loss of life or companionship, or visible result of injury;
providing that the General Assembly may not decrease the"
AND
Page 7, delete lines 9 through 11, and substitute the following:
"rules of pleading, practice, and procedure for courts is subject to the
provisions of this amendment; providing that the General Assembly, by a
three-fifths vote of each house, may amend or repeal a rule prescribed by the
Supreme Court and may"
AND
Page 7, delete lines 13 through 17, and substitute the following:
"providing that rules of pleading, practice, and procedure in effect on
January 1, 2019, shall continue in effect until amended, superseded, or
repealed under the provisions of this amendment; providing that a rule of"
The Amendment was read ________________________________________________________________________________
By: Representative Ballinger
MBM/KFW - 02-23-2017 15:02:36
_________________________
MBM129
Chief Clerk
MBM129 - 02-23-2017 15:02:36 Amendment No. 1 to Senate Joint Resolution No. 8
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